Mr. Fleming

Law passed by Congress in 1996. Right to Privacy

◦ Medical information of patient can only be shared with doctor and professionals administering care.

Consumer or Patient Rights◦Right to see or obtain medical records

◦Right to correct mistakes in medical recordSubmit written amendment of disagreement

◦ Right to know your medical information is used and shared. Most of time, medical information cannot be shared

without patient’s approval◦ Right to see who is looking at health care

information Accounting of Disclosures

◦ Right to specify how you would like to be contacted about health care information.

◦ Right to request that information not be shared.

All rights are listed in the Notice of Privacy Practices. ◦ Posted at hospitals and doctor’s offices◦ Right to file a complaint

Privacy Rule◦ Does not protect your employment records◦ Employer can ask for medical information such as

doctor’s note: To administer sick leave Workers’ compensation Wellness programs Health Insurance

◦ Health care provider cannot give information directly to employer without your authorization.

Employees with access to patient data may use or disclose it only on a “need to know” basis:

Keep this information confidential. Access or use this information only as

required to perform your job. Provide the minimum necessary information

when responding to information requests.

Employees with access to patient data may use or disclose it only on a “need to know” basis:

Do not discuss this information with others unless it is administratively or clinically necessary to do so.

Do not use any electronic media to copy or transmit information unless you are specifically authorized to do so.

Additional examples of actions to protect patient privacy:

◦ At nursing stations, keep computer monitors that display patient information turned away from public view.

◦ Log off from patient records before leaving a data terminaI you must leave for a few moments, do not leave records face up on your desk or work area.

◦ Place fax machines used to receive confidential records in locations with appropriately limited access.

◦ Avoid elevator and hallway consultations involving patients.

Inappropriate disclosure of confidential information is subject to discipline, up to and including discharge from employment. For licensed professionals, it is also subject to discipline by licensing and credentialing bodies There are civil and criminal penalties for violations of patient privacy:

Fines up to $25,000 for multiple violations of the same standard in a calendar year

Fines up to $250,000 and/or imprisonment up to 10 years for deliberate misuses of individually identifiable health information.

The HIPAA Privacy Rule is not intended to prohibit providers from talking to each other and to their patients.

Staff and students are free to communicate as required for quick, effective, and high-quality health care. 

The Privacy Rule also recognizes that overheard communications in these settings may be unavoidable and allows for these incidental disclosures.

HIPPA Consumer Information HIPPA Quiz